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Gateway Village v. DEQ

Gateway Village v. DEQ, 2015 MT 285 (Sept. 29, 2015) (McGrath, C.J.) (5-0, aff’d & rev’d)

Issue: (1) Whether the district court erred in its ruling on Gateway Village’s trespass claim and in declining to address the district’s claim that it holds a prescriptive easement under Gateway Village’s land; and (2) whether the district court abused its discretion in denying Gateway Village’s claim for attorneys’ fees.

Short Answer: (1) Neither of these issues are ripe for adjudication in light of the district court’s remand to DEQ for preparation of an EIS; and (2) no.

Vacated (1), affirmed (2), and remanded

Facts: Montana DEQ granted Gallatin Gateway County Water & Sewer District a wastewater discharge permit allowing the District to discharge up to 50,000 gallons of treated domestic wastewater each day into an underground mixing zone underneath land owned by Gateway Village.…